Two Questions

Two questions we should demand Congress ask of Eric Holder before confirming him. The same two questions Mukasey refused to answer.

1. Is waterboarding torture?

We all know, and every legal opinion outside of Alberto Gonzales knows this to be the case. Waterboarding is torture and torture is a war crime.

2. Since we know the Bush administration at the highest levels approved waterboarding which is torture which is a war crime, will you appoint a special prosecutor and fulfill your duty to see that justice and the rule of law apply to all Americans? Can you assure us neither circumstance nor convenience nor competing interests be allowed to suppress our fundamental principals -- one being that rule of law applies to members of own government.

We don't need a commission to tell us what we already know, and what happened is a matter of record.

A commission's only purpose here is to provide cover and time for the guilty -- including enablers in the Democratic Party. This is not another political play of the day. Arguing this as just another political moment is a case of moral relativism at its most insane -- this is Dante. Torture and the suspension of habeas corpus and the violations of privacy through the FISA court are ironclad felonies. Open and shut. Those who say we need to move on are as guilty in some ways as the perpetrators of the crime and many who did nothing are morally, if not legally, culpable. So, of course, pressure will be intense to turn the other way.

The only relative argument that seems to make any sense is that President Obama may choose not to make the rule of law a top priority. This seems plausible and politically expedient, but dangerous and shortsighted -- the world will only fully understand that America is in the process of renewal if justice is served.

Our collective self-worth and character need to come first. What is the point of having our economic interests and security be so sacrosanct if our government (us) is really just worthless and soulless garbage who can commit felonies and war crimes with no accountability? We will never gather the collective strength to overcome our problems if we don't reclaim our basic, fundamental principals. It is the oxygen of tolerant and free people everywhere and we want it back... we need to breathe it again.

Otherwise the precedent for criminality will be clear for future criminals. Get a lawyer you appoint -- one without a soul or conscience -- to excuse whatever crime you are about to commit by writing a brief saying it's legal, do what you want, then refer to your lawyer's excuse as a get out of jail free card.

President Obama, it seems to me, has the right to serve the country in the order he sees fit and in the order of his own choosing. What he, Mr. Holder, Mr. Reid and Mrs. Pelosi cannot do morally or legally is stop or block justice.

If they do, whatever we change into is not worth saving.

And even if the leadership tries to obfuscate and cover up, the tone from Obama and Holder is the key. In fact, no special prosecutor is needed if the AG acknowledges waterboarding as torture because the DOJ can investigate and prosecute on its own under existing US war crimes statutes.

If President Obama is really committed to a new clean environment, it has to start in DC.

Again, Mr. Holder:

1. Is waterboarding torture?

2. Will you prosecute? No matter what sham commission is appointed to block justice?

I would hope we pressure our representatives, whomever questions Mr. Holder, to play the video of the Vice President of the United States admitting to sanctioning a torture program. He not only admits the war crimes but seems proud and pleased with himself.

Someone, anyone, for the sake of our constitution, ask Mr. Holder, the presumptive top legal authority, the man who will lead the Justice Department after the most lawless time in American history, to answer these simple, basic, direct questions.

Whomever is found guilty should not be on the lecture circuit, but in prison.

Comments

[StefanieH]

"...whatever we change into is not worth saving. "

yes yes yes

I've said numerous times myself that I don't see the point of fighting terrorism if, in the process, we become just like the terrorists.

--Stefanie
nowhere-2-­hide.blogs­pot.com

[havens perch]

Is there anyway to freeze the assets of all those private overlord firms, Halliburton et al, and cancel the contracts they wrote - Jefferson Smith where are you? - and redistribute the funds to the Iraqi people's companies to get money flowing in their economy. All those crews, living large in Iraq, just look like little Saddam's running around - mine, mine, mine - no wonder the Iraqi people have little faith in any proffered help from outsiders.

Or is the money gone...as it is here...oh, wait I see some of ours, it's in that new jet flying overhead on it's way to the Citi bonus weekend in Halfmoon Bay for an all inclusive golf/spa weekend - be sure to cash your bonuses early before the US banking system dissolves entirely.

Let these thieves go on the speaking tour, however as criminals their profits will be confiscated.

Bet they'll have to hold a lottery for jurors - the golden ticket, the "E" ticket - should* they get these crimes to trial.

* "should" the day for "when" has yet to be set...

[havens perch]

We have to take a good, long, hard-look at what we've ignored, thus condoned, by the actions of "our" government.

We stopped watching the keepers-of­-the-flame to Liberty. We all need to keep a more diligent eye on the day-to-day activities of government. We all need to participate in the clean-up of this mess.

Obama is one man, he can't undo alone what we all had some level of culpability in creating.

If you don't have a passport, get one and take a look at the world out there, it's great! Cultures and diversity are great! Wallow in it! Take pride in yours and respect others. Everyone loves good food, drink, music and conversation Ah the stories we can share!!!!

Read the books noted in these posts. Absorb the news in as many formats as possible to get to the truth. Make the media deliver and stop diverting our attentions. As noted, watch Jon Stewart.

Atticus Finch we need you!

Good luck to Barack Obama for accepting the task at hand. Hope and faith to the American people to rise to the occasion. Joy to the world for it will be a better place; unamericanized without a Mcmeal deal.

Much admiration to John Cusack for being the artist and master of words and vision. Thank you for sharing your literate eloquence. (I've enjoyed reading all your posts)

[havens perch]

Just and add-on:

Watch "The Quiet American" (Caine/Fraser - Noyce)- that film screams with inappropriate US govt. behavior

Watch "Mr. Smith Goes To Washington" (Stewart - Capra) - that film reminds you one man can make a difference.

Read, then Watch "To Kill A Mockingbird" (Harper Lee, Peck - Lee/Foote/Mulligan) to remind you to fight the good fight inspite of the odds.

Is waterboarding torture? Shall we test it on you Mr. Holder to get your take?
Are we going to prosecute? Let's hold ourselves accountable to the ideals and laws we have set - wrong the better thing would be to go to the ICC and EU or G8's court (Let's get that World Union rolling) and let them decide.

Someone's going to the "naughty corner"!

[EmpressOnClinton]

I wonder if, instead of a national tribunal, another plan may be more effective --

The United States government, rather than prosecuting Bush itself, could simply turn the entire matter over to the Hague, and Bush would be tried in an INTERnational court. It would take longer, true, but it strikes me that such an act would underscore just how heinous this administration's acts have been, and it would also free up the incoming Presidential administration to tend to other, national matters.

Plus, Bush being brought up on charges in an International forum just seems deliciously vindictive to me and makes me cackle in an amusingly evil way.

[Beltane]

"The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it." - Albert Einstein

One hopes the conscience cleansing of a nation cannot be achieved by crucifying it's war criminals. History has shown us that. You can’t rebuild solidly without changing the foundations. The American people are the best representatives of the nation. What public methods prevented these tragic activities from taking place? Are we all not guilty? Bush airs his admissions of guilt for his erring activities as he can no longer hide, but to what end? Admitting you're a murderer, a liar, a political thug does nothing to amend the lives affected by the travesties of injustice both at home and abroad. Does he belong in prison? Hell yes. He is, as stated, a war criminal. Perhaps by imprisoning Bush for his heinous activities, one can imprison a part of one's own soul housing responsibility for inactivity. If this is the positive outcome achieved by prosecution, then a fight must be fought with the new government ensuring this happens. Justice will be served as the people of the nation will have their power back and shed associated shame. However, the healing is not the sole responsibility of the President-Elect. This power lies in the hands of the American people and it is in them that I have the greatest faith.

PS. John--write a book.

[nobozos]

Nearly to the day George Bush assumed office after the prosperous Clinton years, polls reported the number of Americans who identified themselves as re-born fundamental religious went up over 10%.
When the Bush people, the day after the inauguration, claimed Clinton's people had trashed the White House to near sabotage, Americans were outraged, most from just a headline. They later refused to believe the truth, if they even heard it, when those claims were proved to be totally without merit. It was obvious to many, but not the majority, it was an out of the gate political maneuver designed to change the tenor of public sentiment, and did not bode well for what was to come.

We HAVE to prosecute these criminals if only to educate the populace of the evils of blindly following leaders who could so easily dupe them. Americans are in many ways the children of the world. So easy to turn into followers, never questioning authority, never asking the hard questions or seeking the answers on their own from readily available sources.

Though pundits deny it, there is strong correlation between Americans during the Bush era and Germans during the Hitler years.

Germans understand this. We need the same healing.

[kpostero]

Thank you, Mr. Cusack! As usual, you have written a perfectly pointed dart to the heart of darkness. We can only turn so many cheeks to the misdeeds of others, and we as Americans should not turn the first cheek to misdeeds by our leaders. The leader(s) of the free world should be representative in these human rights values at every turn. Otherwise the hypocracy of these few sinners will destroy us all who live and breath American-style freedom, especially innocent Americans in peril on foreign soil. The innocent should not be asked to pay for the sins of the guilty. If we do not tend our own garden, the scavengers will destroy it; and, perhaps, rightfully so.

[booksnmore4you]

So what do you want, to have some sinister retributivist satisfaction that Bush is in jail? How is the spirit of that different from wanting Saddam Hussein to hang? The fact that Bush and Company will never do such things again should be satisfaction enough for any enlightened person. Not, but they seem to want him to never do such things again AND sit in a jail somewhere. You freakin' kooks for wanting such a thing.

[dvanarsd]

Retribution is not the issue. Justice is the issue here. Imprisoning Criminals is an integral part of the American justice system. Without it we would all be in jeopardy. Execution is hardly the same punishment as serving justice with imprisonment. Besides, we do not know they will "never do such things again." I know of no such guarantee other than putting them behind bars where they deserve to be put. Crimes commited by our leaders more serious than these would be hard to find and these crimes deserve serious consequences.

[GhostwriterDoF]

You neglect to recognize the fact that the Bush Administration committed crimes against other nations. If we don’t deal with this issue, the World’s courts might take it upon themselves to get to them. And we as a people might also be held to account through trade sanctions....

The questions and the pursuit of these issues are important but, there are far too many other pressing issues to address. The Bush officials are forthright compared to the Medical Insurance executives. More people are dying at their hands each year than in Iraq, Allies, civilians and the enemy combined. Take note of the complete media blackout on these executives.

[worldofdismal]

I wholeheartedly agree. I was happy to see Holder admit that waterboarding is torture today (on a side note, it's a sad day when I am surprised to hear a straight answer). It was also refreshing to hear him acknowledge that after World War II, we convicted several Japanese soldiers for waterboarding American and Allied prisoners of war.

I think the true test of Holder's abilities as Attorney General will be in his actions, not necessarily his words (God knows the outgoing administration practically redefined the word rhetoric). I hope that Holder does prosecute the Bush administration for war crimes, regardless of the fact that no one on the Judiciary committee had the balls to ask him that directly this afternoon. Apparently the Senators didn't get a chance to read this post...

[krd1598]

I want to know who wrote this for him.

[planetyoho]

It has long been clear that he is of an astute and articulate mind, overflowing with intelligence, integrity and compassion.

[kpostero]

krd1598, apparently you know not Mr. Cusack. His writings are clearly his ... he writes with the same tone, construction, vocabulary, consistent ideology, et al. as he speaks. Regardless, the points made are important and merit publication no matter who actually did the writing, so what is your point?

[SolarPowerGuy]

If you have ever heard Mr. Cusack interviewed, you would not doubt his ability to express thoughts such as the ones you read here.

[Ayms]

This was a great post and I agree with it wholeheart­edly--than­k you Mr. Cusack. Like everyone else, I was thrilled when Mr. Obama won the election because I really thought we were headed for positive change. I beg Mr. Obama & the DOJ not to look the other way in this issue, enabling and thus condoning such a corrupt administration. How can the Bush administration, which started wars "for freedom and democracy" not in turn, protect everyone's freedom and democracy? How can we promote (and kill/die for) this fundamental belief if we can't live it? How can Mr Obama (and in turn, we) look other countries in the eye if they're the ones trying Bush, Cheney et al for war crimes that citizens from this country committed? I want to be proud of my country, but looking only forward would be shameful for all of us.

Laura

[crazylady]

This was a good discussion.

Please try to remember that we went in to Afghanistan because we were attacked here at home on 9/11.

I on the other hand have always proud of my country, individuals are the problem.

[Ayms]

Didn't say I wasn't proud of my country--read the line again. "I want to be proud of my country, but looking only forward would be shameful for all of us." Sort of an "if/then" statement. I love my country, which is why I get so passionate about it. Please stop trying to read between lines because there's nothing there. But you're right--I should have said I would have been ashamed of the individuals in this country who would look the other way in the issue of torture. But individuals, especially ones that lead our country, tend to reflect upon the values of all of us.

And we went to war in Afghanistan to protect our freedom and democracy--our soil & safety; it wasn't just a "payback's a drag" thing. Isn't it our goal, not only find Bin Laden, but to promote freedom and democracy in Afghanistan?

Why can't we all just get along?

[k8k9]

BRAVO JOHN!!!
Maybe we can collectively demand this action???

[BestOne]

Well, John nailed it...just read about the hearing... GOOD JOB JOHN CUSACK!! YOU ARE MAKING A DIFFERENCE. THEY MAY CLAIM ASKING THOSE QUESTIONS WAS THEIR OWN IDEA, BUT YOU SUGGESTED IT!!!!

TOAST YOURSELF TODAY!!! :)

[LauraSerena]

But unless something was left out of this report on the hearing...

http://www.huffingtonpost.com/2009/01/15/holder-waterboarding-is-t_n_158149.html

...it doesn't sound like they made him agree to prosecute the offenders. So yes, it's great that they did ask at least one of John's questions, but it sounds to me like maybe they didn't go far enough? I didn't watch the hearing, though, so maybe I don't have all the information.

[PMObserver]

Waterboarding is the easy question--we already know Obama's view on it, and since this morning we know Holder's too. But what about what Holder did as a private practice lawyer representing corporations over the last 8 years? See this -- http://washingtonindependent.com/25595/left-holds-holder-concerns

I'd like to see some questions on his role defending Chiquita's funding of right-wing terrorists, too.

[crazylady]

Dear LuckyBlessed,

In regards to your comment: "Repub blowhards could care less about our troops, they have and will always be interested in making their friends at Blackwater, KBR, Big Oil, etc. rich."
President Clinton sent me to Mogadihu in 1993 and KBR supported us, does this make us Dems blowhards and was Clinton making his friends in KBR rich too? "NO", KBR has the expertise and size to support or military.
As for Blackwater, the U.S does not have enough active duty Special Operations forces to provide the executive security (body guards) needed for government officials or other activities in a hostile fire area. So, the government needs to outsource to companies like Blackwater who has forer special operators. President Obama is going to need to do the same or authorize more active duty Special Operations Forces (SOF) to cover that gig.

I'm sorry janmarbol almost drowned and has nightmares 40 years later, but you didn't die. Those 3,000 innocent victims that died on 9/11 can't have nightmares, theyre dead. Those thousands of survivors and parents, spouses, children of the victims do have nightmares because of that day. As a last resort, if I had to waterboard a couple fanatics to prevent it from happening again I would gladely fill the bucket and pour the water knowing I'm saving my fellow Americans the same fate.

Prosecute me!!!

Remember 9/11 my fellow Americans.

[Wake-up]

Excellent... thank you.

The name-calling and my team's better than your team crap has to stop. Screw the Politics, let's continue to promote Freedom and defend it when we have to...

[PJBroughton]

Where is the line between justice and revenge?

I would dearly love to see Bin Laden brought to justice and I question why, in light of all the human life, money, and attention wasted in Iraq, this one thing couldn't be accomplished in seven years, three months, and four days.

I don't believe the answer to that lay in the dispensation of torture and more terror. Utilizing the very thing we are attempting to do away with elsewhere is the height of hypocrisy and certainly not within the realm of a society supposedly dedicated to human rights.

[PJBroughton]

As the ex-wife of a survivor of the attack on NY on 9/11 I will tell you this:

I remember seeing the man I loved and knew so well off to work the morning of 9/11. The man who came back that night will never again be the one I kissed goodbye that morning. He will suffer from nightmares for the rest of his life. My children and I will never be the same either. How could anyone be the same after something like that?

Hell flew into to New York on very real wings that day.

Now I will tell you this:

The Bush Administration responses to dealing with what happened that day have been criminal, barbaric, and illegal.

[LuckyBlessed]

I'm assuming some of the reasons below, including his own experience are why McCain is against torture and said waterboarding is torture. Perhaps it would be best for the survival of our country, self preservation, if he started a new party to separate from those like Rush toying with people for money and ego.

"There are at least four compelling reasons for the existence of rules of war. First, every belligerent has a selfish interest not to provoke reprisals from the enemy, and not to provoke neutrals to join the enemy. Second, wars, however bitter, are to usher in a new era of peace. Hence, reconciliation should not be made too difficult: yesterday's enemy may be needed as a friend tomorrow. Third, nations do not wish their armed forces to "get out of hand; for, as history has also shown, they may otherwise easily turn against their own government and conationals. Last, but not least, war has always been decried, for humanitarian and many other reasons; if wars cannot be prevented their cruelty and destructiveness must at least be limited, for the purpose of sheer self-preservation."
John H. E. Fried
Adjunct Professor of Political Economy
New York University
Formerly Special Legal Consultant to the United States War Crimes Tribunals in Nurnberg

[PJBroughton]

The United States of America has become a shadow of itself.

We have failed in our obligation to progress the principles our country was founded upon into the twenty-first century. We have permitted our own obfuscation. We have enabled arrogant, criminal sociopaths to corrupt and bankrupt in every way imaginable. We have failed to insist that our leaders honorably uphold the Constitution. We have failed to insist that they universally adhere to basic principles of integrity and human decency. We have failed in our duty to ourselves and the rest of the world. As we work to reclaim our future, let's not presently fail to hold ourselves and those in power to accountability for the past.

I'd like to know the answers to those same questions.